2D - Parent Participation in Meetings - April 2011 Revision

Albuquerque Public Schools shall afford parents of a child with a disability an opportunity to participate in meetings with respect to:

The identification, evaluation, and educational placement of the child; and

The provision of FAPE to the child.

(34 C.F.R. § 300.501(b)(1))

Right of Parent to Participate in Meetings

Albuquerque Public Schools shall afford the parents of a child with a disability an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child. In the Albuquerque Public Schools, these meetings are Eligibility Determination Team (EDT) and/or IEP Team meetings. (34 C.F.R. § 300.501(b)(1))

The right to participate in meetings does not include informal or unscheduled conversations involving Albuquerque Public Schools personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. The right to participate in meetings also does not include preparatory activities that Albuquerque Public Schools personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. (34 C.F.R. § 300.501(b)(3))

Ensuring Parent Participation

Albuquerque Public Schools shall provide notice of EDT and/or IEP Team meetings to ensure that parents of children with disabilities have the opportunity to participate in EDT and/or IEP Team meetings. (34 C.F.R. § 300.501(b)(2); 34 C.F.R. § 300.322)

The steps Albuquerque Public Schools shall take to ensure parent participation in EDT and/or IEP Team meetings shall include:

Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

Scheduling the meeting at a mutually agreed on time and place.

(34 C.F.R. § 300.322(a))

Albuquerque Public Schools’ officials shall determine how far in advance parents must be notified of an EDT and/or IEP Team meeting as this will vary based on a number of factors including, for example, the distance parents typically have to travel to the meeting location and the availability of childcare. (71 Fed. Reg. 46670 (August 14, 2006))

Generally, Albuquerque Public Schools expects that notice of an EDT and/or IEP Team meeting shall be provided ten (10) days prior to the meeting.

IDEA does not require school districts to schedule EDT and/or IEP Team meetings in the evenings. Therefore, it is not unreasonable for Albuquerque Public Schools to schedule meetings of the EDT and/or IEP Team only during regular school hours or regular business hours because these times are most suitable for Albuquerque Public Schools personnel to attend these meetings. (OSEP Letter to Thomas, 51 IDELR 224 (June 3, 2008))

Only when Albuquerque Public Schools is unable to convince a parent to participate in an EDT and/or IEP Team meeting may the meeting be conducted without a parent. (71 Fed. Reg. 46679 (August 14, 2006))

In this case, Albuquerque Public Schools shall keep a record of its attempts to arrange a mutually agreed on time and place, such as:

Detailed records of telephone calls made or attempted and the results of those calls;

Copies of correspondence sent to the parent and any responses received; and

Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

Preparation versus Predetermination

Predetermination occurs when a school district has made decisions regarding components of the IEP prior to the IEP Team meeting, and presents one option at the meeting and is unwilling to consider other alternatives. Albuquerque Public Schools shall engage in preparatory activities but shall not predetermine the outcome of an IEP Team meeting, since such predetermination deprives the parent of the right to participate in the meeting.

With respect to a draft IEP, Albuquerque Public Schools encourages staff to come to an IEP Team meeting prepared to discuss evaluation findings and preliminary recommendations. Likewise, parents have the right to bring questions, concerns, and preliminary recommendations to the IEP Team meeting as part of a full discussion of the child’s needs and the services to be provided to meet those needs. (71 Fed. Reg. 46678 (August 14, 2006))

If Albuquerque Public Schools personnel develop a draft IEP prior to the IEP Team meeting, Albuquerque Public Schools personnel shall make it clear to the parent at the outset of the meeting that the services proposed by the Albuquerque Public Schools are preliminary recommendations for review and discussion with the parent. Albuquerque Public Schools personnel are encouraged to provide the parent with a copy of draft(s) prior to the IEP Team meeting, if Albuquerque Public Schools personnel have developed draft(s) ahead of time. It is not permissible for Albuquerque Public Schools to have the final IEP completed before an IEP Team meeting begins. (71 Fed. Reg. 46678 (August 14, 2006))

Albuquerque Public Schools personnel are encouraged to develop drafts of the student profile, present levels of academic and functional performance, goals, applicable objectives and/or benchmarks, and applicable components of the transition plan prior to the IEP Team meeting. Albuquerque Public Schools personnel may not develop drafts of statements related to the least restrictive environment, special education and related services and prior written notice of proposed actions prior to the IEP Team meeting.

Use of Interpreters

Albuquerque Public Schools shall take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. (34 C.F.R. § 300.322(e))

Copies of Evaluation Report , EDT Record and IEP

Upon completion of the administration of assessments and other evaluation measures, Albuquerque Public Schools shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.

Albuquerque Public Schools shall give the parent a copy of the child’s IEP at no cost to the parent. (34 C.F.R. § 300.322(f))

The specific timeframe in which the Albuquerque Public Schools provides a copy of the IEP to the parent is best left to the Albuquerque Public Schools to determine. (71 Fed. Reg. 46687 (August 14, 2006))

However, written notice of actions proposed or refused by the Albuquerque Public Schools shall be provided at the close of the IEP meeting. (6.31.2.11(B)(3) NMAC)

Therefore, generally, Albuquerque Public Schools expects that a copy of the IEP and the Prior Written Notice shall be provided to the parent at the close of the meeting.

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

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